Old Age Security Regulations (C.R.C., c. 1246)

27. For the purpose of subsection 37(2.1) of the Act, an amount of indebtedness that is owing may be deducted and retained out of the whole or any portion of a benefit that is payable to the person or the person’s estate or succession, under this Act or any other Act or program administered by the Minister, that will recover the overpayment in a single payment or in instalments, in any amount that does not cause undue hardship to the person or the person’s estate or succession.

28. [Repealed, SOR/99-193, s. 2]

• 28.1 (1) For the purposes of subsection 36(2) of the Act, the Minister may make a deduction from a benefit payable under the Act if

  • (a) the provincial authority or the municipal authority that paid the advance, assistance or welfare payments submits a record of the payment to the Minister, together with an irrevocable consent to the deduction signed by the person receiving the payment;

  • (b) the record and consent referred to in paragraph (a) are received by the Minister prior to the expiration of one year after the day on which the consent is signed;

  • (c) the Minister and the provincial authority or the municipal authority that paid the advance, assistance or welfare payment referred to in paragraph (a) have concluded an agreement in respect of the procedure to be followed in submitting records and consents; and

  • (d) the amount deducted exceeds $50.

• (2) For the purpose of subsection 36(2) of the Act, if, for any reason, no deduction has been made or a deduction and payment have been made by the Minister for an amount that is less than the amount that might have been paid under that subsection, the Minister shall not authorize any other deduction and payment.

• 28.2 (1) For the purposes of subsection 33.01(2) of the Act information may be made available to a person or body pursuant to a written request by an individual or their representative if the request is signed within one year before the day on which it is received by the Minister.

• (2) The person or body may, on application, have annual access to the information if the request referred to in subsection (1) indicates that the individual or representative consents to the provision of the information on an annual basis, and until the individual or representative revokes the request or the individual dies.

28.3 For the purpose of paragraph 33.01(3)(d) of the Act, the information referred to in subsection 33.01(3) of the Act in respect of an individual may be made available during the individual’s lifetime to any other individual authorized by that individual if

• (a) the authorizing individual has made a written request to that effect to the Minister, signed within one year before the day on which it was received by the Minister; and

• (b) the authorizing individual has consented in that request to the provision of the information to the authorized individual and has not revoked that consent.